82R8440 MXM-F By: Nelson S.B. No. 1180 A BILL TO BE ENTITLED AN ACT relating to hotel occupancy taxes and livestock facility use taxes for certain venue projects. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 334.254, Local Government Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a) Except as provided by Subsection (c) or (d), the tax authorized by this subchapter may be imposed by a municipality or county at any rate not to exceed two percent of the price paid for a room in a hotel. (d) A municipality with a population of more than 700,000 located in a county with a population of more than one million that is adjacent to a county with a population of more than two million may impose the tax authorized by this subchapter at any rate not to exceed three percent of the price paid for a room in a hotel. SECTION 2. Section 334.255, Local Government Code, is amended by adding Subsection (c) to read as follows: (c) This section does not apply to a municipality described by Section 334.254(d). SECTION 3. Subchapter H, Chapter 334, Local Government Code, is amended by adding Section 334.2551 to read as follows: Sec. 334.2551. RATE INCREASE IN CERTAIN POPULOUS MUNICIPALITIES. (a) This section applies only to a municipality described by Section 334.254(d). (b) A municipality that has adopted a tax under this subchapter at a rate of less than three percent may by ordinance increase the rate of the tax to the maximum applicable rate if the increase is approved by a majority of the registered voters of that municipality voting at an election held for that purpose. (c) The ballot for an election to increase the rate of the tax shall be printed to permit voting for or against the proposition: "The increase of the hotel occupancy tax for the purpose of financing __________ (insert description of venue project) to a maximum rate of ___________ percent (insert new maximum applicable rate)." SECTION 4. Section 334.401(1), Local Government Code, is amended to read as follows: (1) "Designated facility" means: (A) an approved venue project a significant [the principal] use of which is for rodeos, livestock shows, equestrian events, agricultural expositions, county fairs, or similar events; and (B) a facility containing livestock stalls or pens located adjacent to the approved venue project. SECTION 5. Section 334.403(b), Local Government Code, is amended to read as follows: (b) The municipality or county may impose the facility use tax under this subchapter only at a designated facility that is or includes an approved venue project. SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.